Natalya G. Zhavoronkova, Galina V. Vypkhanova
Kutafin Moscow State Law University, Moscow, Russia, firstname.lastname@example.org; email@example.com
Abstract. The growth of global challenges and threats in the modern world actualizes the study of the effectiveness of organizational, economic, and legal measures to prevent natural and manmade emergencies, overcome and minimize the negative consequences of their occurrence. In the context of the growing economic, raw materials, environmental crisis, and COVID pandemic the legal science is faced with the task of reviewing the emergency law paradigm, searching for new conceptual approaches to the further development of existing legislation that meets the needs of the current state of society development, and developing proposals to optimize the regulation of relations in this area.
The aim of the study is to develop scientific and theoretical provisions on the factors and further directions of improving the legal regulation of relations in the field of protection of the population and territories from pandemic emergency situations. Objectives: assessment of legal measures of an “emergency” nature in the context of the relationship between the concepts of “efficiency”, “legality”, “legitimacy”; identification of trends that require a review of the concept of emergency situations and the development of legislation in this area.
The study was conducted on the basis of general scientific and private scientific methods, including system-analytical, logical, comparative-legal, formal-legal and other methods of cognition.
The authors show the trends of transformation of legal regulation of emergency, due to their characteristics and features, the formation of “emergency” legislation. The assessment of restrictive measures in high-alert, emergency, state of emergency regimes is given. The problem factors and conditions, as well as the main trends associated with the “emergency” regime, which need to be taken into account when taking organizational, legal and other measures, are identified. Proposals for improving legislation in this area are substantiated, including the elimination of gaps associated with the declaration of a dangerous disease epidemic as a source of emergency situations, information support, and improving the efficiency of public authorities.
Keywords: natural emergencies, infectious diseases, epidemics, pandemics, danger to others, legality, legitimacy, legality, effectiveness, legal measures, high alert
For citation. Zhavoronkova N. G., Vypkhanova G. V. Legal Problems of Improving the Effectiveness of Measures to Prevent and Eliminate Emergencies in Modern Conditions. Journal of Russian Law, 2021, vol. 25, no. 1, pp. 111—126. (In Russ.) DOI: 10.12737/jrl.2021.010